Economy & Energy
Year XIII-No 75
October - December
2009
ISSN 1518-2932

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No 75 Em Português

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Is there hope after COP 15 in Copenhagen?

Brazilian Inventory of GHG - Preliminary values

Brazilian goals for climate change

The Copenhagen Agreement

National Policy Law for Climate Change - PNMC

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 Summary:

Note about the National Policy
Law on Climate Change

 

The President of the Republic has enacted, with some vetoes, the Law Nº 12.187/09 of  December, 2009 that defines the National Policy on Climate Change – PNMC and other issues.

This Law, very important for the subject discussed here, has the following main articles:

Article 1o: Makes clear that “the Law establishes the National Policy on Climate Change – PNMC and its principles, objectives, guidelines and instruments.”

Article 2o: Defines the terms used

Article 3o: Defines that “PNMC and the actions thereof, executed under the responsibility of political entities and organs of the public administration, will observe principles of precautions, prevention, citizen participation, sustainable development and common but differentiated responsibilities, the latter in the international ambit. 

Then it defines the considerations to be adopted in the implementation of PNMC. The “common but differentiated responsibilities” applied in the ambit of the Climate Change Convention in order to differentiate the responsibility of the developed and developing countries is, in some way, transposed to the national policy that establishes (paragraph III) that “ the measures taken should take into account the different social and economic context of its application, distribute the corresponding costs and expenses among the involved economic, population and community sectors in a balanced and proportional way and weight the individual responsibilities regarding the origin of the emitting source and its effect on the climate.”

Article 4o: It enumerates the PNMC objectives that will aim at, according to the subsections indicated in parenthesis (I) the compatibility between the protection of the climatic system and the mitigation of anthropic emissions by (II) its reduction and (III) absorption, (IV) adaptation to climate change in the three spheres of the Federation, (V) preservation of environmental resources, (VI) consolidation and expansion of protected areas and incentive to reforestation and (VII) incentive to development of the Brazilian Market of Emission Reduction -MBRE in Portuguese. The paragraph explains that the PNMC´s objective should be “consonant with sustainable development in order to reach economical growth, abolish poverty and reduce social inequalities.”

Article 5o: It enumerates PNMC`s guidelines.

Article 6o: It defines PNMC`s instruments in a general way.

Article 7o: Defines PNMC`s institutional instruments that include: (I) Inter-ministerial Committee on Climate Change; (II) ) Inter-ministerial Committee on Climate Global Change; (III) Brazilian Forum on Climate Change; (IV) Brazilian Research Network on Global Climate Change – Climate Network; (V) Commission for  Meteorological, Climatological and Hydrological Activities Coordination.

Article 8o: Defines that the official financing institutions will make available specific credit and financing lines.

Article 9o: Defines the Brazilian Market of Emission Reduction - MBRE

Article 10o: Determines that “the principles, objectives, guidelines and instruments of public policies and governmental programs should be compatible with the principles, objectives, guidelines and instruments of PNMC” and determines that a decree of the Executive Power will establish the sectorial plans for mitigation and adaptation to climate change.

Article 11o: "Establishes that” the country  will adopt as voluntary national commitment mitigation actions regarding greenhouse effect gases emissions aiming at reducing between 36.1% and 38,9% its projected emissions until 2020”. The projected 2020 emissions as well as the detailed actions to reach the above mentioned goal will be established by a decree based on the second Brazilian Inventory to be concluded in 2010.

Article 12o: Establishes that the Law will come into force at the date of its publication in the special edition of the Official Gazette of the Federal Executive on 12/31/2009.

Note: As Article 10o has been vetoed, the articles that follow it have been re-numbered.

 

 Complete text of the Law. 

 

Graphic Edition/Edição Gráfica:
MAK
Editoração Eletrônic
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Revised/Revisado:
Friday, 03 February 2012
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